Local police help end shootout in Rutherford County

Published: Tuesday, August 5, 2014 at 5:21 p.m.

Last Modified: Tuesday, August 5, 2014 at 5:21 p.m.

A deputy from the Rutherford County Sheriff's Office and a suspect were shot in a volley of gunfire during an eight-hour standoff that forced officers to call in reinforcements from Henderson County Monday night.

Rutherford County deputies were dispatched at 7:48 p.m. to 171 Oak Forest Drive, Forest City, in reference to a subject having a shotgun and threatening the caller, according to a news release from the Sheriff's Office Tuesday. The caller advised dispatchers that the subject might be high on methamphetamine.

Officers spotted the suspect, Kevin Clifford Marks, 49, with a gun and attempted to coax Marks to surrender.

“For several hours negotiations attempted to get Marks to put down his weapon and come out of the house, (to) no avail,” the release says.

Deputies with Rutherford County Sheriff's Emergency Response Team tried to make entry into the residence to take Marks into custody on a weapons charge and resisting arrest shortly before 11:30 p.m.

Marks met their efforts with gunfire, according to the release, and “minor injuries were sustained at that time” from flying glass.

Deputies called out to Marks, but Marks grew quiet. Attempts to regain contact were unsuccessful. As the clock ticked past the first minutes of Tuesday morning, Rutherford County Sheriff Chris Francis picked up the phone and called on the Henderson County Sheriff's Office for backup.

“We have a mutual aid agreement with all of our surrounding counties and that basically allows the sheriff to legally and liability-wise be covered to assist another sheriff,” Henderson County Sheriff Charles McDonald said. “We have a standing tactical team and because of some of the other resources we have — the robot and the armored rescue vehicle — that gives us capabilities that until recently most other departments haven't had.”

More than that, he said, a brother was calling for help.

“There's always been a real sense of unity and brotherhood in the sheriffs of North Carolina. It doesn't matter what your political party is or anything else, we're there for each other,” McDonald said. “All they've got to do is call.”

Henderson County's SWAT team, manned by McDonald's deputies and officers from the Hendersonville Police Department, loaded up the armored BearCat and headed to Rutherford County.

A Rutherford County Sheriff's Office negotiator called out to Marks to re-establish verbal contact in another attempt to gain his surrender, but another gunfight ensued.

“Marks began shooting at officers on scene, and officers returned fire,” according to the release. Several Rutherford County deputies and Marks were injured in the melee of bullets.

“There were multiple shots exchanged with the suspect. Our team, however, did not exchange gunfire,” said Chief Deputy Frank Stout of the Henderson County Sheriff's Office.

Stout said the SWAT team deployed tear gas into the suspect's home to try to get him out “without having to make a forced entry due to the multiple exchanges of gunfire.”

“Our BearCat was hit by gunfire as we were able to get officers in place to eventually make an arrest,” Stout said. But none of the bullets were able to penetrate the BearCat's bullet-resistant skin.

A Rutherford County deputy suffered a gunshot wound and was in stable condition Tuesday. All of Henderson County's SWAT team members escaped injuries.

The Rutherford County Sheriff’s Office is seeking warrants for Marks’ arrest on the charges of attempted murder and assault with a deadly weapon inflicting serious injury with intent to kill. More charges may be filed.

“I truly believe that lives were saved and injuries were prevented by our officers responding with our equipment to assist the Rutherford County Sheriff's Office,” Stout said. “We were truly blessed that the situation came to an end as it did for both departments.”

McDonald said Francis called him Tuesday morning to thank him and his team for the assist.

According to the Rutherford County Sheriff's Office, “three officers were treated on scene by EMS and released; one officer was treated at Rutherford Regional Hospital and released.” The officer who sustained gunshot wounds was taken to Cleveland Regional Medical Center and later transferred to Carolinas Medical Center in Charlotte for treatment.

“Marks was sent to Rutherford Regional and later transferred to Mission Memorial in Asheville for a gunshot wound,” according to the release.

Francis requested the N.C. State Bureau of Investigation to investigate the incident.

Marks faces charges of possession of a firearm by a felon and resist, obstruct and delay.

<p>A deputy from the Rutherford County Sheriff's Office and a suspect were shot in a volley of gunfire during an eight-hour standoff that forced officers to call in reinforcements from Henderson County Monday night.</p><p>Rutherford County deputies were dispatched at 7:48 p.m. to 171 Oak Forest Drive, Forest City, in reference to a subject having a shotgun and threatening the caller, according to a news release from the Sheriff's Office Tuesday. The caller advised dispatchers that the subject might be high on methamphetamine.</p><p>Officers spotted the suspect, Kevin Clifford Marks, 49, with a gun and attempted to coax Marks to surrender.</p><p>“For several hours negotiations attempted to get Marks to put down his weapon and come out of the house, (to) no avail,” the release says.</p><p>Deputies with Rutherford County Sheriff's Emergency Response Team tried to make entry into the residence to take Marks into custody on a weapons charge and resisting arrest shortly before 11:30 p.m. </p><p>Marks met their efforts with gunfire, according to the release, and “minor injuries were sustained at that time” from flying glass.</p><p>Deputies called out to Marks, but Marks grew quiet. Attempts to regain contact were unsuccessful. As the clock ticked past the first minutes of Tuesday morning, Rutherford County Sheriff Chris Francis picked up the phone and called on the Henderson County Sheriff's Office for backup.</p><p>“We have a mutual aid agreement with all of our surrounding counties and that basically allows the sheriff to legally and liability-wise be covered to assist another sheriff,” Henderson County Sheriff Charles McDonald said. “We have a standing tactical team and because of some of the other resources we have — the robot and the armored rescue vehicle — that gives us capabilities that until recently most other departments haven't had.”</p><p>More than that, he said, a brother was calling for help.</p><p>“There's always been a real sense of unity and brotherhood in the sheriffs of North Carolina. It doesn't matter what your political party is or anything else, we're there for each other,” McDonald said. “All they've got to do is call.”</p><p>Henderson County's SWAT team, manned by McDonald's deputies and officers from the Hendersonville Police Department, loaded up the armored BearCat and headed to Rutherford County.</p><p>Marks sat quietly barricaded inside his surrounded home. Reinforcements arrived a little after 2 a.m.</p><p>A Rutherford County Sheriff's Office negotiator called out to Marks to re-establish verbal contact in another attempt to gain his surrender, but another gunfight ensued. </p><p>“Marks began shooting at officers on scene, and officers returned fire,” according to the release. Several Rutherford County deputies and Marks were injured in the melee of bullets.</p><p>“There were multiple shots exchanged with the suspect. Our team, however, did not exchange gunfire,” said Chief Deputy Frank Stout of the Henderson County Sheriff's Office. </p><p>Stout said the SWAT team deployed tear gas into the suspect's home to try to get him out “without having to make a forced entry due to the multiple exchanges of gunfire.”</p><p>“Our BearCat was hit by gunfire as we were able to get officers in place to eventually make an arrest,” Stout said. But none of the bullets were able to penetrate the BearCat's bullet-resistant skin. </p><p>A Rutherford County deputy suffered a gunshot wound and was in stable condition Tuesday. All of Henderson County's SWAT team members escaped injuries.</p><p>The Rutherford County Sheriff's Office is seeking warrants for Marks' arrest on the charges of attempted murder and assault with a deadly weapon inflicting serious injury with intent to kill. More charges may be filed. </p><p>“I truly believe that lives were saved and injuries were prevented by our officers responding with our equipment to assist the Rutherford County Sheriff's Office,” Stout said. “We were truly blessed that the situation came to an end as it did for both departments.”</p><p>McDonald said Francis called him Tuesday morning to thank him and his team for the assist.</p><p>“He really appreciated the professionalism of our team, particularly our SWAT commander, Capt. Tim Gordon,” McDonald said. “He told me 'with his cool head, your team's professionalism and what you brought to the table, I am convinced (their actions) resulted in saving lives last night.'”</p><p>According to the Rutherford County Sheriff's Office, “three officers were treated on scene by EMS and released; one officer was treated at Rutherford Regional Hospital and released.” The officer who sustained gunshot wounds was taken to Cleveland Regional Medical Center and later transferred to Carolinas Medical Center in Charlotte for treatment.</p><p>“Marks was sent to Rutherford Regional and later transferred to Mission Memorial in Asheville for a gunshot wound,” according to the release.</p><p>Francis requested the N.C. State Bureau of Investigation to investigate the incident.</p><p>Marks faces charges of possession of a firearm by a felon and resist, obstruct and delay.</p><p>Reach Weaver at Emily.weaver@blueridgenow.com or 828-694-7867.</p>